A NSW Government website

NSW Department of Primary Industries and Regional Development

Legislation


The following Acts and their supporting instruments support the governance and administration of biosecurity in NSW


Agricultural and Veterinary Chemicals (NSW) Act 1994

An Act to apply certain laws of the Commonwealth relating to agricultural and veterinary chemical products as laws of New South Wales; and for other purposes.

Act

Regulations

Instruments 

Codes of Practice

Delegations

  • Nil

Agriculture Scientific Collections Trust Act 1983

The Act for the protection of the scientific collections maintained by the New South Wales Department of Primary Industries & Regional Development (NSW DPIRD).

The Act is administered by NSW DPIRD on behalf of a six member Trust representing the department and outside stakeholders. Trust members are appointed by the Minister for Primary Industries & Regional Development for a period of five years.

Act

Regulations

  • Nil

Instruments

Delegations

  • Nil

Animal Research Act 1985

An Act to protect the welfare of animals used in connection with animal research.

Act

Regulations

Instruments

Codes of Practice

Delegations

Biosecurity Act 2015

An act to provide for the prevention, elimination, minimisation and management of biosecurity risks; and for other purposes.

Act:

Regulations:

Delegations:

Exhibited Animals Protection Act 1986

An Act with respect to the exhibition of animals at marine or zoological parks, circuses and other places.

Act

Regulations

Instruments

Standards

Delegations

Game and Feral Animal Control Act 2002 No 64

An Act to manage and regulate the hunting of game; and for other purposes.

Act

Regulation

Hemp Industry Act 2008

An Act to authorise and regulate the cultivation and supply of low-THC hemp for commercial production and other legitimate uses; to amend the Drug Misuse and Trafficking Act 1985; and for other purposes.

Act

Regulations

Instruments

Approvals

Delegations

Meat Industry Act 1978

An Act to provide for the regulation and control of the meat industry in New South Wales; to constitute and define the functions of the New South Wales Meat Industry Consultative Council; and to repeal the Meat Industry Authority Act 1970 and the Meat Industry Act 1915.

Act

Regulations

Instruments

  • Nil

Delegations

Poppy Industry Act 2016

An Act to facilitate and regulate the cultivation of alkaloid poppies and the receipt and supply of material derived from alkaloid poppies for use in manufacturing or producing therapeutic goods and in scientific research, analysis, education and training; to amend the Drug Misuse and Trafficking Act 1985 and the Poisons and Therapeutic Goods Act 1966; and for other purposes.

Act

Regulations

Instruments

  • Nil

Delegations

Prevention of Cruelty to Animals Act 1979

The objects of this Act are to prevent cruelty to animals, promote the welfare of animals by requiring a person in charge of an animal to provide care for the animal, and to treat the animal in a humane manner, and to ensure the welfare of the animal.

Act

Regulations

Instruments

Animal Trades Codes of Practice and Standards

These Animal Trades Codes of Practice and Standards are made under clause 25 of the Prevention of Cruelty to Animals Regulation 2012.

Codes of Practice

These Codes of Practice are made under clauses 36 and 39 of the Prevention of Cruelty to Animals Regulation 2012.

Guidelines

These Guidelines are made under clause 33 of the Prevention of Cruelty to Animals Regulation 2012.

Delegations

Stock Medicines Act 1989

Stock Medicines Act 1989

An Act relating to medicines for stock and other animals for the purposes of enhancing the quality of agricultural production, protecting the environment and safeguarding the health of stock and other animals; and for other purposes.

Act

Regulations

Instruments

Orders

Delegations

Veterinary Practice Act 2003 

The object of this Act is to regulate the provision of veterinary services for the following purposes:

a) to promote the welfare of animals
b) to ensure that consumers of veterinary services are well informed as to the competencies required of veterinary practitioners
c) to ensure that acceptable standards are required to be met by veterinary practitioners so as to meet the public interest and national and international trade requirements
d) to provide public health protection.

Act

Regulations

Instruments

Code of Conduct

The Veterinary Practitioners Code of Professional Conduct is made under section 37 of the Veterinary Practice Act 2013.

Delegations

  • Nil


Biosecurity Act 2015

On 1 July 2017, the way government, industry and the community manage biosecurity in NSW changed.

The Biosecurity Act 2015 (the Act) came into effect on 1 July 2017.

The regulations, instruments, policies and procedures that underpin the Act were developed in consultation with industry, community and government partners.




Mandatory measures

Regulations made under the Biosecurity Act may specify actions that must be taken to prevent, eliminate or minimise biosecurity risks posed or likely to be posed in relation to biosecurity matter, carriers or dealings. These are known as mandatory measures.

Mandatory measures may apply generally or in specified circumstances such as only to certain classes of people or in relation to certain activities. If mandatory measures apply to a particular dealing or activity then the relevant person must comply with those measures, regardless of whether they know or reasonably should know about the risks posed or likely to be posed.

In most cases, if a person complies with the relevant mandatory measures they will have discharged their general biosecurity duty. In some cases the mandatory measures may state the minimum actions that are required for the duty to be discharged, and that depending on the circumstances additional measures may be required.

A mandatory measure may be outcomes based or more prescriptive in nature. For example, a mandatory measure may require farm machinery to be free of weed seeds before being moved from a property. This approach gives individuals flexibility in how they achieve the outcome, while ensuring that the biosecurity risk is addressed. Alternatively the mandatory measure could require that specified parts of the machinery be washed with a high pressure hose, at a particular type of location or in a specified manner.

When would a mandatory measure be prescribed?

Mandatory measures may be prescribed to highlight particular risks and how they should be addressed. Industry will be given the opportunity to participate in the development of mandatory measures. By focusing on a desired outcome, mandatory measures can be a tool to engage industry, increase the awareness of shared responsibility and encourage innovation in how to prevent, eliminate or minimise a particular biosecurity risk.

If extensive or detailed requirements for a particular type of biosecurity matter, carrier or dealing are needed, the mandatory measures may refer to compliance with other documents. This could include a code of practice or set of procedures developed by an industry body or state or local government. Such a document would only be adopted if it was enforceable, reasonable and consistent with the government's commitment to red tape reduction.

By giving industry the opportunity to participate in development and by focusing on a required outcome, mandatory measures are a tool to engage industry, increase awareness of shared responsibility and provide opportunities for co-regulation.

What if no mandatory measures are prescribed?

In many cases there may be no need to prescribe exactly how a person is to discharge their general biosecurity duty. The person with the duty is best placed to decide what is reasonably practicable in the circumstances to prevent, eliminate or minimise the particular biosecurity risk and should have the flexibility to make this decision.

Advisory material, industry standards and codes of practice are available to assist. Additionally, authorised officers can give guidance on appropriate ways to discharge a general biosecurity duty and in some cases may also issue a biosecurity direction providing detail about required actions.


Biosecurity Act 2015

An act to provide for the prevention, elimination, minimisation and management of biosecurity risks; and for other purposes.

Policies and Procedures

We have developed a range of policies and procedures to underpin the Biosecurity Act 2015.

Factsheets on the Biosecurity Act

We have prepared a suite of factsheets to support the Biosecurity Act 2015.